Dementia patient would have tough time proving fraud in divorce case

The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.

Q: My 64-year-old neighbor has dementia. Last year, his wife divorced him and got everything even though he was not competent to understand any of the proceedings. Is there any way he can get back the properties that were taken from him?

A: Your neighbor's decree of divorce from last year is final. Their assets were divided, and the judge signed an order mandating the division of property which took place.

However, in rare cases, when a former spouse can prove the existence of fraud, the divorce proceeding can be reopened. Clearly, this will be an uphill battle for your neighbor. He probably has no money to hire a lawyer, and he is incapable of communicating the facts of the case to a lawyer.

Someone with time and the financial resources would need to step in and handle this matter for him. Those efforts and money might be better spent caring for him and seeking government benefits and services to provide for his care and ongoing needs.

Q: I want to separate from my husband because he's an alcoholic, but I'm not ready to begin divorce proceedings yet. I owned my home before we married. It's in my name alone. He won't move out of the home. If I move out, am I jeopardizing my ownership?

A: No, the house will still be your separate property. If questioned, you have a good excuse. You needed to temporarily vacate for your personal safety.

Note, though, your husband might have a claim for part of the equity in the home as community property or if his separate property was used to pay down the mortgage during the time of your marriage.

A divorce attorney can provide you with a more detailed answer.

Q: What are the requirements for filing a mechanic's lien? What are the costs?

A: The rules and procedures associated with filing a mechanic's lien are complicated, and there is no way to summarize everything you would need to do in the limited space of this column.

Plus, the rules differ depending on whether the project is public or private, and whether you are the original contractor or a subcontractor. You must provide notices within prescribed deadlines, some possibly on a preliminary basis, and others after the project is started or when amounts go unpaid. A lien affidavit must also be filed, and then you would need to enforce your lien to get your money.

Enforcement typically involves a lawsuit.

A good resource which explains this subject is a pamphlet called "An Introduction to Mechanic's Liens" published by the State Bar of Texas. You can find it online by searching that name.

Because of the complications involved, you might need the advice of an attorney.

Ronald Lipman, of Houston law firm Lipman & Associates, is board certified in estate planning and probate law by the Texas Board of Legal Specialization. The information in his column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.